Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Armenia (Ratification: 2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4 of the Convention. The Committee notes that, according to section 61(2) of the Labour Code, if an enterprise is privatized, the collective agreement is considered to be unilaterally terminated, irrespective of its validity period. The Committee considers that the privatization of an enterprise should not in itself result automatically in the extinction of the obligations resulting from the collective agreement and that the parties should be able to take a decision thereon. The Committee therefore requests the Government to take the necessary measures to amend section 61(2) of the Labour Code to that effect.

The Committee notes section 7(7) of the Code, which provides that employment relations of civil servants as well as of the employees of the Central Bank of Armenia are regulated by the Labour Code, if not otherwise stipulated by the relevant legislation. The Committee requests the Government to specify the categories of workers not enjoying trade union and collective bargaining rights and to indicate, in this respect, the relevant legislative provisions.